A properly executed will is considered valid and binding up to and beyond the death of the testator and remains valid despite any subsequent change in the laws of the jurisdiction in which it was executed. The primary way that a will can be done away with is revocation. Wills can be revoked in a few different ways, both intentionally and unintentionally.
The intentional, physical destruction of a will is the most certain way to revoke it. The testator may shred or burn the will with the intent of making the will no longer valid. So long as the intent is to do away with the will, the destruction of the will is considered a revocation.
Marriage can also revoke a will. This is a complicated topic and will be covered more thoroughly in Part IV of this series, entitled “Marriage, Divorce, and Wills.”
It is also possible for the validity of a will to be challenged for any number of reasons which may effectively revoke a will, even after the death of the testator. These challenges will be covered more thoroughly in Part VII of this series, entitled “Will Challenges.”
Wills can also be revoked by the execution of a new will. It is assumed that the creation of a will is the most current and accurate depiction of the wishes of the testator. As a result of this assumption any wills written previous to the newest will are automatically revoked.
Tags: asset protection, probate, Wills, Wills series